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HomeMy WebLinkAboutMinutes 1984-06-13Mayor Mark N. Addiego Vice Mayor Richard A. Haffey Council: Emanuele N. Damonte Gus Nicolopulos Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS Schumacher School of Dance AGENDA REVIEW City Manager Birkelo requested: - Item No. 28 be carried over to the next meeting. - Request to adjourn this meeting to 6/18/84 or 6/19/84 for the discussion of the performance pay plan with Mr. Si pel and a Closed Session for Unit No. 1. ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room June 13, 1984 127 ACTION TAKEN 7:38 p.m. Mayor Addiego presiding. Council present: Council absent: Nicolopulos, Haffey, Damonte, Teglia and. Addiego. None. Recited. Mayor Addiego stated that the Schumacher School of Dance had competed in the State competition in Santa Clara and had won many trophies for their fine efforts. He was presented a T-shirt on which was written "Gotta Dance," Schumacher School of Dance. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mr. Lawrence Pera, 758 Baden Ave., spoke of the debris in the alleys from throw away papers. COMMUNITY FORUM Mayor Addiego stated that he had received a letter from Supervisor Speier that spoke of her pleasure in being part of the appropriation of HCDA Funds for housing areas, park accesses for the han- dicapped, funds for the rehabilitation of Spruce Gym, etc. 6/13/84 Page i AGENDA ACTION TAKEN 128 COMMUNITY FORUM CONSENT CALENDAR Minutes of the Adjourned Regular Meeting of 5/14/84, Adjourned Regular Meeting of 5/16/84 and the Regular Meeting of 5/23/84. Staff Report 6/13/84 recommending by Motion to deny and refer the following claims to the City's Insurance Adjuster and to the Office of the City Attorney: a) Claim as filed by john Houston Scott, Esq., on behalf of Fernando Gal 1 o al 1 egi ng depri- vation of claimant's rights, physical and emotional injuries as the result of an incident involving members of the South San Francisco Police Department. b) Claim as filed by Simon Basques alleging costs incurred when his truck was sprayed with cement during the repair of a City sidewalk. c) Claim as filed by Ula Marie Long alleging bodily injury due to poor lighting. e Staff Report 6/13/84 recommending adoption of a Resolution approving a revocable license with Pet Air. A RESOLUTION AUTHORIZING EXECUTION OF A REVOCABLE LICENSE AGREEMENT Staff Report 6/13/84 recommending by Motion to set a Public Hearing for 7/11/84 on the Draft EIR for Gateway Boulevard Extension and the addition of 700 hotel rooms to the Gateway Redevelopment Project area. COMMUNITY FORUM He introduCed Assistant to the City Manager Mark Lewis who had been newly hired from Alaska and spoke of his background in City and State Government. He presented him with various literature on the City and a voter registration form. Approved. So ordered and Councilwoman Teglia requested an explanation from the City Attorney on item number 2c. in Closed Session. RESOLUTION NO. 72-84 Removed from the Consent Calendar for discussion by Councilwoman Teglia. Page 2 AGENDA ACTION TAKEN 129 CONSENT CALENDAR Staff Report 6/13/84 recommending adoption of a Resolution approving plans and specifications, author- izing the work and calling bid for the Cuesta to Arroyo Sewer Construction Project No. SD-83-5. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE CUESTA TO ARROYO SEWER CONSTRUCTION PROJECT NO. SD-83-5 Ge Staff Report 6/13/84 recon~nending adoption of a Resolution for the award of contract for the Brentwood Parking Lot Renovation Project No. PB-81-4. A RESOLUTION OF AWARD OF CONTRACT FOR THE BRENTWOOD PARKING LOT RENOVATION PROJECT NO. PB-81-4 e Staff Report 6/13/84 recommending by Motion to accept as complete the Effluent Pump Station Control System Modifications Project No. WTP-82-1 in accordance with the approved plans and specifications. 0 Staff Report 6/13/84 recommending by Motion to set a Public Hearing for 6/27/84 for Revenue Sharing. Staff Report 6/13/84 recommending by Motion to approve building per- mit determinations {landmarks) of 5/22/84 and 5/29/84. 10. Adoption of a Resolution commending Patrick A. Dunleavy on his retire- ment. A RESOLUTION COMMENDING PATRICK A. DUNLEAVY 11. Staff Report 6/13/84 recommending adoption of a Resolution approving and authorizing execution of an agreement with PG&E for under- grounding electric facilities in RESOLUTION NO. 73-84 Removed from the Consent Calendar for discussion by Councilwoman Teglia. Approved. Public Hearing set for 6/27/84. Approved. Removed from the Consent Calender for discussion by Mayor Addiego. 6/13/84 Page 3 AGENDA ACTION TAKEN 130 ~CONSENT CALENDAR 11. Staff Report - Continued. the Gateway Underground Utility District No. 1. A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH PG&E FOR UNDERGROUNDING ELECTRIC FACILITIES IN THE GATEWAY UNDERGROUND UTILITY DISTRICT NO. 1 12. Staff Report 6/13/84 recommending adoption of a Resolution desig- nating the intersection of Cuesta Drive and Verano Drive as an inter- section at which vehicles are required to stop. A RESOLUTION AMENDING RESOLUTION 3812, AS AMENDED, WHICH ESTABLISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH CHAPTER 11.28 OF SOUTH SAN FRANCISCO MUNICIPAL CODE Staff Report 6/13/84 recommending by Motion to set a Public Hearing for 7/11/84 on the Draft EIR for Gateway Boulevard Extension and the addition of 700 hotel rooms to the Gateway Redevelopment Project area. e Staff Report 6/13/84 recommending adoption of a Resolution for the award of contract for the Brentwood Parking Lot Renovation Project No. PB-81-4. A RESOLUTION OF AWARD OF CONTRACT FOR THE BRENTWOOD PARKING LOT RENOVATION PROJECT NO. PB-81-4 CONSENT CALENDAR RESOLUTION NO. 74-84 Removed from the Consent Calendar for discussion by Mayor Addiego. M/S Teglia/Damonte - To approve the Consent Calendar with the exception of Items No. 4, 6, 10 and 12. Carried by unanimous voice vote. Councilwoman Teglia questioned when Council would receive the draft EIR. City Manager Bi rkelo stated that he had received the document today and would place it in Council's Friday packet. M/S Teglia/Haffey - To set 7/11/84 as a Public Hearing on the Draft EIR for the Gateway Boulevard Extension. Carried by unanimous voice vote. Councilwoman Teglia questioned why this was being done as an Assessment District. City Manager Birkelo stated that this was an informal assessment project which could proceed more quickly and would be less expensive. 6/13/84 ~t~x~ Page4 AGENDA ACTION TAKEN 6. Staff Report - Continued. 10. Adoption of a Resolution commend- ing Patrick A. Dunleavy on his retirement. A RESOLUTION COMMENDING PATRICK A. DUNLEAVY ~C\"~I ~'~ J~¢q 'r 12. Staff Report 6/13/84 recommending adoption of a Resolution desig- nating the intersection of Cuesta Drive and Verano Drive as an inter- section at which vehicles are required to stop. A RESOLUTION AMENDING RESOLUTION 3812, AS AMENDED, WHICH ESTABLISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH CHAPTER 11.28 OF SOUTH SAN FRANCISCO MUNICIPAL CODE APPROVAL OF BILLS 13. Approval of the Regular Bills of RECESS: RECALL TO ORDER: 14. Staff Report 6/13/84 recommending adoption of a Resolution author- izing execution of a trust agreement wi th Robert O. Ellison. A RESOLUTION AUTHORIZING EXECUTION OF A TRUST AGREEMENT WITH ROBERT O. ELL ISON M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 75-84 Carried by unanimous voice vote. Mayor Addiego read aloud the Resolution commending Mr. Dunleavy. M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 76-84 Carried by unanimous vote. Mayor Addiego stated this item had arisen from a citizen's complaint to Vice Mayor Haffey and commended him for expediting the matter. M/S Addiego/Haffey - To adopt the Resolution. RESOLUTION NO. 77-84 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/Haffey - To approve the Regular Bills in the amount of $1,699,419.04. Carried by unanimous voice vote. Mayor Addiego did not participate or vote in the matter of the claim of Brentwood Market. Mayor Addiego declared a recess at 8:00 p.m. Mayor Addiego recalled the meeting to order at 8:21 p.m., all Council present. CITY ATTORNEY City Attorney Rogers stated that this was a trust agreement with Bank of America as the trustee and paying agent. He stated that as the bond interest came due the Bank would hold it for four years and if no one el se came forward to claim the interest, it was Mr. Ellison's. 6/13/84 Page 5 AGENDA ACTION TAKEN 132 CITY ATTORNEY 14. Staff Report- Continued. CITY MANAGER 15. Staff Report 6/13/84 recommending adoption of a Resolution author- izing execution of an agreement for funding the Oyster Point Separation with Richard Diodati. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR FUNDING OYSTER POINT SEPARATION COMMUNITY DEVELOPMENT 16. Public Hearing - Ordinance repealing Section 20.72.280 of the Municipal Code and Section 5.6(g) of Ordinance No. 353, as amended, related to improvements to non- conforming buildings (ZA-84-27). Staff Report 6/13/84 recommending: 1) Open the Public Hearing and hear testimony;.2) Close the Public Hearing; 3) Motion to approve CITY ATTORNEY Councilman Nicolopulos stated that this was a safeguard in that the bonds had been misplaced or stolen and that this was to protect Mr. Ellison. M/S Damonte/Haffey - To adopt the Resolution. RESOLUTION NO. 78-84 Carried by unanimous voice vote. CITY MANAGER City Manager Birkelo stated that the Council at the last meeting had adopted the formula funding for this project and that this agreement included the formula as an exhibit. He continued, Exhibit E and Exhibit E1 had been handed to the Council this evening and showed how the calculations had been applied. He stated that the only unique thing was that there were three different payments from Mr. Diodati, i.e., $600,000 (which was already in hand); $300,000 in 1985; and $200,000 plus in 1986 - all subject to the uses generally remaining as they were. He recommended that the Council approve the Resolution authorizing execu- tion of the agreement. M/S Haffey/Damonte - To adopt the Resolution. RESOLUTION NO. 79-84 Carried by unanimous voice vote. COMMUNITY DEVELOPMENT City Clerk Battaya read the title of the Ordinance in its entirety. Mayor Addiego opened the Public Hearing. Senior Planner Christians stated that the Planning Commission on 5/10/84, by Resolution, had recommended that the Council adopt this Ordinance which repeals Section 20.72.280 of the Municipal Code and Section 5.6(g) of 6/13/84 Page 6 AGENDA ACTIO, T KE, 122 --COMMUNITY DEVELOPMENT 16. Public Hearing - Continued. Negative Declaration No. 447; 4) Motion to waive further reading of the Ordinance; 5) Motion to intro- duce the Ordinance. 1st Reading/Introduction AN ORDINANCE REPEALING SECTION 20.72.280 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 5.6(g) OF ORDINANCE NO. 353 ENTITLED "THE ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" AS AMENDED BY ORDINANCE NO. 684 17. Staff Report 6/13/84 recommending: 1) Brief arguments from City Staff and the Applicant; 2) Hear public comment; 3) Motion to revoke UP-83-657, Anthony Valencia, for an auto salvage and parts storage facility at 150 Harbor Way in the M-2 Heavy Industrial Zone District; 4) Direct the City Clerk to prepare a minute order. COMMUNITY DEVELOPMENT Ordinance No. 353 as amended. He stated that Section 20.72.280 limits the extent of ordinary maintenance, repair or minor alterations to any non-conforming buildings; limits these repairs to 25% of the appraised value of any commercial, and land use; and 50% of the appraised industrial and multiple-family building value of any non-conforming single family residential building during any one-year period. He stated that these limita- tions, particularly the 25% limit for commercial uses, may be discouraging repair and remodeling of buildings in the downtown area and that other Municipal Code sections which prohibit the expan- sion, change, etc. He stated that because of the other sections, adequate control of non-conforming buildings will be retained. Mayor Addiego invited those wishing to speak in favor of the Ordinance to step to the dais - no one chose to speak. He then invited those wishing to speak against the Ordinance to step to the dais - no one chose to speak, he then closed the Public Hearing. M/S Nicolopulos/Haffey - To approve Negative Declaration No. 447. Carried by unanimous voice vote. M/S Nicolopulos/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Nicolopulos/Haffey - To introduce the Ordinance. Carried by unanimous voice vote. Mayor Addiego announced that a court reporter would be making a transcript of this item (the verbatim transcript is on file in the City Clerk's Office for public perusal and as a permanent record of the Office) as well as Item No. 20. 6/13/84 Page 7 AGE"DA ACTIO" TAKE" ~COMMUNITY DEVELOPMENT 17. Staff Report - Continued. COMMUNITY DEVELOPMENT City Attorney Rogers stated that the Council should be making a determination based on the facts contained in the two volume record and then hear arguments. Senior Planner Christians presented the Staff Report detailing the background of UP-83-657 for an auto salvage and parts storage facility at 150 Harbor Way in the M-2 Industrial Zone District; the various use permit violations; and non-compliance with special conditions nos. 1, 2, 4, 5, 8 and 9. He stated that the recommen- dation from the Planning Commission was revocation of UP-83-657 based on the record of the transcript, the arguments and three findings in the Staff Report. Mr. Derek Goulding, representing Mr. Valencia, requested that his client be allowed to make a statement. He spoke in detail of the nine special conditions imposed on Mr. Valencia and his efforts to comply with the conditions; resulting hardship in trying to secure a loan with the revocation proceedings eminent. He spoke of the expense to his client of meeting all of the conditions when there was a strong possibility of his use per- mit being revoked which would put him out of business. He strongly petitioned the Council not to revoke Mr. Valencia's use permit. Mr. Tony Valencia spoke of his many years in business in South San Francisco and the good work his company had done to help the police and fire departments in cleaning up abandoned cars; loaning the cars to police to use for undercover work, etc. He felt that he had not been given adequate time to meet the con- ditions and pointed out that several big contractors were often given exten- sions by the Council. He stated that he would not like to see this matter go to court and asked the Council to search their conscience before deciding on this matter. A lengthy discussion ensued on the spe- cial conditions; the amount of time given Mr. Valencia to comply with the 6/13/84 Page 8 AGENDA ACTION TAKEN I25 COMMUNITY DEVELOPMENT 17. Staff Report - Continued. (Cassette No. 2) RECESS: RECALL TO ORDER: COMMUNITY DEVELOPMENT conditions; the remaining work to be done; the amount of time given Mr. Valencia to comply with the conditions being in excess of 120 days; that the railroad cars were not on his property; trees and shrubbery required to be planted; that Mr. Valencia could acquire a performance bond; that the City had an ongoing problem with the removal of abandoned cars, etc. Mr. Lawrence Pera stated that the Council should build a large barge, fill it with the cars and dump it out by the Farollones. Planning Commissioner Getz stated that Mr. Valencia was under the same situation as any businessman coming into this com- munity with a use permit. He continued, the guaranty was that he comply with the City ordinances and use permit conditions. Mr. Goulding spoke of the years Mr. Valencia had been in business and stated that the big thing he was not in compliance with was the fence and yet he had no assurance that if he built the fence he could stay in business. M/S Haffey/Teglia - To revoke UP-83-657 based on the findings in the Staff Report and direct the City Clerk to prepare a minute order. Carried by majority roll call vote, Damonte voted no. Discussion followed on the future abate- ment of abandoned vehicles; finding a company that had a large enough site to store the vehicles; ongoing and future litigation against Mr. Valencia based upon the revocation proceedings, etc. Mayor Addiego declared a recess at 9:35 p.m. Mayor Addiego recalled the meeting to order at 9:55 p.m., all Council present. 6/13/84 Page 9 MINUTE ORDER CITY OF SOUTH SAN FRANCISCO CITY COUNCIL MEETING JUNE 13, 1984 Item No. 17. Staff Report 6/13/84 recommending: 1) Brief arguments from City Staff and Applicant; 2) Hear Public Comment; 3) Motion to Revoke Use Permit UP-83-657 (Anthony Valencia) Based on Findings; 4) Direct City Clerk to Prepare Minute Order Setting Forth This Action. Motion/Second Haffey/Teglia - To revoke Use Permit 83-657 Anthony Valencia based on the following findings; 1) The applicant has not fully complied with Special Condition Numbers 1, 2, 4, 5, 8, and 9 of Use Permit UP-83-657; 2) Because of these various Use Permit violations, the use is adverse to the public health, safety, and general welfare of the community and detrimental to surrounding properties and improvements; 3) The effects of this use have not been ade- quately mitigated as required by Negative Declaration No. 412; and direct the City Clerk to prepare a Minute Order of the Council action. Carried by majority roll call vote, Councilman Damonte voted no. STATE OF CALIFORNIA ~.. SS. COUNTY OF SAN MATEO I, Barbara A. Behave, C{ty CJerk of the c~ o4 Sou~dm Sail ~rall- cisco, County of San Mafeo, State of California, an ex-offic}o Clerk of fha City Council thereof, do hereby cattily that the above end for~- cjo~ng is a full, true and correct copy of Minute Order of the Regular City i~.~U~f~.i.] Meeting of 6/13/84 on Item N...o...,......t...7..... ....................................................................................... - the original of whlch is on file {n my office, and that J have carefully compared the same with the or]g{nal. IN WITNESS WHEREOF I have hereunto set my hand amd the seal of th, city of South S~n F~nci*co fhis..igt~ay ofj. LLDe I* 8_4--, BARBARA A. BATTAYA City Clerk end Ex-offido Clerk of the C~ty Council .el the CJ'b/ of By .......................... ~ Deputy City C}erk Minutes 6/13/84 Page 9a AGE,DA ACTIO, TA E, i27 COMMUNITY DEVELOPMENT 18. Staff Report 5/23/84 recommending: 1) Motion to waive further reading of the Urgency Ordinance; 2) Motion to adopt the Urgency Ordinance as a moratorium to allow only single family and second units generally bounded by Tamarack, Spruce, Orange and Grand Avenues~- Continued from 5/23/84. y~I~ 1st Reading/Adoption AN INIERIM ORDINANCE PROHIBITING USES WHICH MAY CONFLICT WITH ZONING PROPOSALS RELATED TO GENERAL PLAN AMENDMENTS 19. Public Hearing - Appeal of Planning Commission decision approving a one-year time extension of UP-78-440, Modification No. 5, a 155-Unit Residential Project located along both sides of Ridgeview Court (Units 5 and 6) in the Stonegate Ridge Planned Community Zone District by Kathleen Allasia. Staff Report 6/13/84 recommending: 1) Open the Public hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal. COMMUNITY DEVELOPMENT City Clerk Battaya read the title of the Ordinance in its entirety. M/S Teglia/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Damonte - To adopt the Urgency Ordinance. ORDINANCE NO. 952-84 Carried by unanimous voice vote. City Planner Gorny stated that the recom- mendation was for the Council to deny the appeal and uphold the decision of the Planning Commission which granted a one- year time extension for UP-78-440 (Units 5 and 6) Modification No. 5 to 2/11/85. He stated that the City Attorney had determined that the Planning Commission should not attempt to place any con- ditions on the extension that would restrict the transfer of ownership of the land. He stated that the Commission had noted that the project would have to be constructed in accordance with previously approved plans regardless of who deve- loped the project in the future. He stated that an issue had been raised regarding the need to install temporary barricades on Ridgeview Court to prevent loitering in the cul-de-sac and the Police Department had not made a recom- mendation for or against the barricade. Mayor Addiego opened the public hearing and invited anyone wishing to speak in favor of the appeal to step to the dais. Ms. Kathy Allasia, 836 Stonegate Drive, expressed concern that even though some modifications were made in 1980 and 1981 to down size the height of the building had the entire permit been fully reviewed; has this been reviewed with the new General Plan for South San Francisco in that the permit was i~sued six years ago and may not apply today; that the other planned Stonegate units do blend into the hillside and to that 6/13/84 Page 10 AGENDA ACTION TAKEN 128 COMMUNITY DEVELOPMENT 19. Public Hearing - Continued. COMMUNITY DEVELOPMENT general mountain area; the two proposed buildings are going to rise quite a bit above the skyline and would be visible all the way over to 280; has the parking and the traffic been considered; why did the developer wait five years and ask for an extension now; if the design was okay five years ago is it sound today; that the entire permit should be reviewed to see if it fits in today with the size and the scope of what is being planned for the City; the issue of density; would the trees be removed in the cluster areas; existing problems in Stonegate Drive with junior high school students using the street as a race track. She concluded by asking the Council to deny the extension based on the above stated concerns. Charles Getz, 845 Ridge Court, stated that he had the same concerns as those expressed by Ms. Allasia. He stated that this permit had been last looked at in 1978 and that in 1982 there was a modifi- cation request that came before the Planning Commission and the Commission had chose to go with the original plan that had been approved in 1978. He stated that there had not been a review of the entire plan at that time - so the entire plan had not been reviewed in six years. He stated that the reasons stated in the letter requesting an extension were vague, such as technical and financial and were not in the best interest of the City. He stated that he was not speaking against the project necessarily but felt strongly that the entire project should be reviewed. He stated that if the one year extension was granted, it would mean seven years with nothing happening on the site and without any descretionary review of the merits of the project. Mrs. Doris Agee, 819 Ridge Court, stated that she today had the same concerns that she had with the project in 1978. She stated that she had always found favor with Unit 4 which was basically townhomes and the City had been sold on the concept 6/13/84 Page 11 AGENDA ACTION TAKEN --COMMUNITY DEVELOPMENT 19. Public Hearing - Continued. COMMUNITY DEVELOPMENT of Units 5 and 6.based on what had been seen in phase 4 without a plan being seen on the proposed two new phases. She stated that in their two phases the City was looking at very large buildings, one containing sixty three units with one and two bedrooms. She spoke of one and two bedroom apartments being for families; the added population in the neigh- borhood; that the Stonegate complex was not a suitable environment for small children; that the area was highly suitable for the single or married couple without children. She stated that this type of development would become rental units and from the start someone should be put in charge to manage the units as rentals. Mayor Addiego invited those wishing to speak against the appeal to step to the dais. Mr. Ted Batr, representing the owner of the property, spoke of the two year use permit that was scheduled to expire in February of 1984 and the request for a one year extension to commence construc- tion. He spoke of the City's ordinance with the three year specified term for building and if not built would go back to the Commission and the Staff for a review of the use permit. He spoke of two hearings before the Planning Commission with input from residents who had spoken tonight on their concerns and that Staff and the Commission had indicated that this would be a quality project in keeping with phase 4. He rebutted Mr. Getz's comment that the phases had not been reviewed since 1978 and spoke of the history of all of the phases. He strongly urged the Council to go along with Staff and the Planning Commission and deny the appeal. Discussion followed on phase 4 being a quality product; that the residents felt that the type of development proposed was not in keeping with the existing develop- ment on the hill; that Mr. Sprincin had 6/13/84 Page 12 AGE,DA ACTIO, TAKE, --COMMUNITY DEVELOPMENT 19. Public Hearing - Continued. I COMMUNITY DEVELOPMENT stated that all phases had to be approved at the same time in 1978 because they were all going to be in the same asso- ciation; that it would take a vote of 75% of the homeowners in unit 4 to annex 5 and 6 into the same homeowners asso- ciation; the problem of securing an apart- ment building with common grounds; that the problem of maintenance and security was a prevailing problem throughout the City in older neighborhoods; that this was an area where the buildings would breach the ridge lines by the four stories contemplated; the problems of maintenance with a high degree of vacancies; what the market currently was calling for in housing structures; the impact of the four story buildings on the community; the modification of the plans for the four story building and parking in 1982; the allegation that the cul-de-sac was a cause of burglary in lot four. Mr. Getz stated that he was not against the project based upon its merits, however he had voiced concern in 1982~ while on the Commission, about the modi- fication on the appropriateness of the two large buildings breaking the skyline. He stated that in 1982 a full descre- tionary review was not made of the deve- lopment by the Commission and that the last time it had been approved based upon its merits had been in 1978. Discussion followed on the density; the conditions of the use permit, etc. Mr. C. N. Chow, Managing Partner of Bayland, gave a historical background of the project and argued the merits of the proposed heights in phases 5 and 6. Mr. Peter Feinberg, 617 Stonegate, stated that the area is highly visible from 280 and a high rise on the hillside would not blend into the neighborhood. Mayor Addiego declared the public hearing closed. 6/13/84 Page 13 ^GE,DA ACT O, TAKE, ]1 )i ~COMMUNITY DEVELOPMENT 19. Public Hearing - Continued. 20. Public Hearing - Appeal by owner and manager of E. B. Motel of determination made by the Director of Community Development and Planning Commission that a portion of the E. B. Motel busi- ness, located at 1201 Airport Boulevard, is an adult entertain- ment business pursuant to Chapter 20.38 of the Municipal Code and shall be terminated. Staff Report 6/13/84 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal based on the findings. COMMUNITY DEVELOPMENT M/S Teglia/Haffey - To uphold the appeal of the one-year time extension of UP-78-440, Modification No. 5 (units 5 and 6) by Kathleen Allasia. Councilman Damonte stated that in uphol ding the appeal the Planning Commission could review the permit and make sure the development blends into the neighborhood. Carried by majority roll call vote, Nicolopulos voted no. City Clerk Battaya swore in the following individuals: City Planner Gorny, Police Detective McCool, Police Officer Joni Lee and Bhupenora Patel. City Planner Gorny gave background infor- mation which led to the decision to recommend to the Council that they deny this appeal and uphold the decision of Staff and the Commission that a portion of the E. B. Motel is an entertainment establishment and as such must be ter- minated pursuant to the Municipal Code. (A verbatim transcript is on file in the City Clerk's Office for public perusal and as a permanent record of the office.) Police Detective McCool read his police report of 6/8/84 wherein he and Officer Joni Lee investigated the E. B. Motel on Airport Boulevard and arrived in an unmarked car. He continued, a hotel room was booked and the couple witnessed x- rated movies on Channel 3, without advanced warning of the existence of movies depicting various sexual actS. Mayor Addiego declared the Public Hearing open and invited those wishing to speak in favor of the appeal to step to dais. Douglas Gillies, Esq., representing the owners and managers of the E. B. Motel, stated that the basis of his client's appeal was essentially a constitutional 6/13/84 Page 14 AGENDA ACTION TAKEN --COMMUNITY DEVELOPMENT 20. Public Hearing - Continued. COMMUNITY DEVELOPMENT argument and that the Ordinance is not consistent with the constitutions of the State of California and the United States. He spoke in detail: to the effect that no legislative body could regulate free speech; the contents of material called "adult material" as defined in the Ordinance; zoning areas where adult entertainment can take place; and cited court cases on adult entertain- ment facilities, etc. Mr. Patel stated that he had managed the motel since 1980, and spoke of the TV security that did not allow people to tape the movies. He stated that the Channel 3 x-rated movies were controlled by his office and the care he took to scrutinize the people checking in and out of the motel. Discussion followed: that a VCR was in the office that controlled the movies in each motel room; four-hour room rates; whether supplying the x-rated movies was illegal; and whether the City could regu- late the zones this type of business could operate wi thin. Douglas Gillies, Esq., stated that he had never seen a case which touched on the issues raised by this case, which is pri- vacy - can the government determine the content of speech or anything else that is going on in a private bedroom. He stated that his client used the control function on the VCR in order to prevent minors from watching adult material. Mayor Addiego invited those wishing to speak in opposition to the appeal to step to the dais. Ms. Kathleen Allasia stated that if the motel was showing or offering adult entertainment then that business had the choice to move the motel or go out of business. Mayor Addiego declared the Public Hearing 6/13/84 Page 15 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 20. Public Hearing - Continued. FINANCE 21. Staff Report 6/13/84 recommending adoption of a Resolution with authority to proceed with the parcelization and authority to dispose of property on South Spruce Avenue. A RESOLUTION AUTHORIZING PARCELIZATION AND DETERMINING FAIR MARKET VALUE OF SURPLUS REAL PROPERTY TO BE SOLD AT PUBLIC SALE, CALLING FOR SEALED PROPOSALS, PRO- VIDING FOR METHOD OF SALE, ESTAB- LISHING TERMS AND CONDITIONS RELATED THERETO, AND AUTHORIZING EXECUTION OF A GRANT DEED THEREFOR (A.P. 014-051-090) SOUTH SPRUCE AVENUE AND NORTH CANAL STREET 22. Staff Report 6/13/84 recommending adoption of a Resolution to enter into a two year lease agreement with John J. Susa for the use of his garage located at 438 Third Lane. A RESOLUTION AUTHORIZING EXECUTION OF A TWO YEAR LEASE AGREEMENT WITH JOHN A. SUSA FOR CITY'S USE OF PUBLIC SERVICES 23. Public Hearing - Confirm the state- ment of the cost for the demolition COMMUNITY DEVELOPMENT closed. M/S Haffey/Teglia - To deny the appeal based on the findings. Carried by unanimous voice vote. FINANCE M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 80-84 Carried by unanimous voice vote. The item was continued after item 30. City Manager Birkelo stated that even if a determination on the Municipal Services Building or Corporation Yard might be more suitable for this type of activity, the two year lease would give the City the time needed for permanent storage. Councilwoman Teglia stated that in the long run she wanted an in-house location at the end of two years. M/S Haffey/Damonte - To adopt the Resolution. RESOLUTION NO. 81-84 Carried by unanimous voice vote. PUBLIC SERVICES Mayor Addiego declared the public hearing open. 6/13/84 Page 16 AGENDA ACTION TAKEN PUBLIC SERVICES 23. Public Hearing - Continued. and disposal of the existing structure at 2310 Olympic Drive. Staff Report 6/13/84 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution. A RESOLUTION CONFIRMING THE STATEMENT OF EXPENSES IN THE MATTER OF THE ABATEMENT OF THE BUILDING AT 2310 OLYMPIC DRIVE, SOUTH SAN FRANCISCO, CALIFORNIA, A PUBLIC NUISANCE 24. Staff ~eport 6/13/84 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance amending the Uniform Building code. 2nd Reading/Adoption AN ORDINANCE AMENDING EXHIBIT "A" TO SECTION 7007 OF THE UNIFORM BUILDING CODE AS AMENDED BY SECTION 15.08.165 OF THE SOUTH SANy, FRANCISCO MUNICIPAL CODE 25. Staff Report 6/13/84 recommending adoption of a Resolution of award of contract for the Geotechnical Consultant Contract with Dames & Moore in connection with the Terrabay Development. A RESOLUTION AUTHORIZING EXECUTION OF A GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT PUBLIC SERVICES Mayor Addiego stated that this was a hearing for the owner of the property or any other affected person to come forward and speak on the costs of demolition - there being none he closed the hearing. M/S Teglia/Haffey - To adopt the Resolution RESOLUTION NO. 82-84 Carried by unanimous voice vote. City Clerk Battaya read the title of the Ordinance in its entirety. M/S Haffey/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Damonte - To adopt the Ordinance. ORDINANCE NO. 953-84 Carried by unanimous voice vote. Director of Public Services Yee stated that Items 25 and 26 are related to Terrabay. He stated that many con- sultants had been interviewed and that the firm of Dames & Moore were known all over the world and were willing to do the work on the soils aspect. He stated that he had discussed the funding with Mr. Dean and he was willing to reimburse the City for the costs involved. M/S Damonte/Haffey - To adopt the Resolution. RESOLUTION NO. 83-84 Carried by unanimous roll call vote. 6/13/84 Page 17 AGENDA ACTZON TAKEN i45 PUBLIC SERVICES 26. Staff Report 6/13/84 recommending adoption of a Resolution of award of contract for the Civil Engineering Consultant Contract r,~ with Wilsey & Ham in connectional with the Terrabay Development. ~}v- A RESOLUTION AUTHORIZING EXECUTION OF A CIVIL ENGINEERING CONSULTANT SERVICES AGREEMENT (TERRABAY) ITEMS FROM STAFF 27. Report on Window Washing Services at various City buildings. 6) ,~ 28. Consideration of joint marketing program agreements. ITEMS FROM COUNCIL 29. Staff Report recommending by Motion approval of various items for the Civic Center Renovation Project No. 30. Report from City/School liaison in reference to the bungalo school bull ding. ~) Ok ~ PUBLIC SERVICES M/S Teglta/Damonte - To adopt the Resolution. RESOLUTION NO. 84-84 Carried by unanimous voice vote. ITEMS FROM STAFF City Manager Birkelo gave a report which recommended reducing the frequency of the window washing to bring the cost to a lower rate which could be reviewed again mid-year for service. M/S Haffey/Damonte - To accept the recom- mended schedule. Carried by unanimous voice vote. Continued to 6/27/84. ITEMS FROM COUNCIL Mayor Addiego stated that there was con- fusion from the June 5, 1984 meeting on the scope of work to save the building. Councilman Damonte asked if Items I and 2 hadn't been approved. Director of Public Services Yee stated that Staff would come back at the Capital Improvement Budget on this item and stated that the confusion arose on whether the reception area was to be on the City Clerk's side or Planning's side of the building. Continued to the adjourned meeting of 6/20/84. Vice Mayor Haffey stated that the School District Staff was recommending that the bungalo be demolished due to the fact that the return from the insurance was not significant for restoration and 6/13/84 Page 18 AGENDA ACTION TAKEN -- ITEMS FROM COUNCIL 30. Report from City/School liaison in reference to the bungalo school building - Continued. FINANCE 21. Staff Report 6/13/84 recommending adoption of a Resolution with authority to proceed with the parcelization and authority to dispose of property on South ,?~ Spruce Avenue. 0~i A RESOLUTION AUTHORIZING PARCELIZATION AND DETERMINING FAIR MARKET VALUE OF SURPLUS REAL PROPERTY TO BE SOLD AT PUBLIC SALE, CALLING FOR SEALED PROPOSALS, PRO- VIDING FOR METHOD OF SALE, ESTAB- LISHING TERMS AND CONDITIONS RELATED THERETO, AND AUTHORIZING EXECUTION OF A GRANT DEED THEREFOR (A.P. 014-051-090) SOUTH SPRUCE AVENUE AND NORTH CANAL STREET ITEMS FROM COUNCIL Vice Mayor Haffey: ITEMS FROM COUNCIL spoke of expenses: $72,000 - cost for renovation; $36,000 - received from insurance carrier; $10,000 - to demolish; City had made a commitment which had not been fully explored by the District. Councilwoman Teglia stated that the School Di strict was will lng to pl edge $10,000 and that the City would pledge one half of the project cost. Mayor Addiego asked the City Attorney if the interim ordinance could allow the building to be preserved and what the City's position was on the item. City Manager Birkelo stated that the question is whether they need a demoli- tion permit on their property. Councilwoman Teglia stated that the City's wishes in this matter should be communicated to the School District for their next meeting. FINANCE City Manager Birkelo explained that the Purchasing Officer indicated that the 12th of September rather than the 29th day of August was needed to open bids. Vice Mayor Haffey rescinded his second to the motion to adopt the Resolution. M/S Haffey/Teglia - To adopt the Resolution with the date change. RESOLUTION NO. 80-84 Carried by unanimous voice vote. ITEMS FROM COUNCIL Stated that $100,000 of HCDA funds from the Board of Supervisors would be allo- cated for the renovation of the Spruce Gym. 6/13/84 Page 19 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilwoman Teglia: Vice Mayor Haffey: GOOD AND WELFARE CLOSED SESSION 31. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litiga- tion. ADJOURNMENT 32. Request to adjourn the meeting to Wednesday, 6/20/84, at 7:00 p.m. at the City Council Conference Room at City Hall, 400 Grand Avenue, for review of the Capital Improvement Budget. ~~ 147 ITEMS FROM COUNCIL Requested that the review of the status of Council Goals and Objectives be agen- dized for 6/27/84. Stated that Staff Reports show all options under action, i.e., approve, deny, etc. Councilman Damonte explained that all the arguments are slanted in the direction of Staff recommendations. City Manager Birkelo requested that the meeting be adjourned to Tuesday, June 19, 1984, at 5:00 p.m. for the discussion of Unit 1 labor negotiations and performance pay plan. GOOD AND WELFARE Doris Agee, 819 Ridge Court, suggested that the Design Review Board, Planning Commision and City Council have a joint meeting. Mr. Lawrence Pera, 758 Baden Avenue, expressed the following concerns: sewers are still clogged up; City lights are messed up; and that net fishing should be stopped. He urged everyone to go and vote and stated that he was running for President of the United States. CLOSED SESSION Mayor Addiego stated that there were no items to be discussed under Closed Session. M/S Teglia/Damonte - To adjourn the meeting to 6/19/84, at 5:00 p.m., in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California for the discussion of Unit 1 labor negotiations and performance pay plan and adjourn that meeting to 6/20/84 at 7:00 p.m. at City Hall. Carried by unanimous voice vote. 6/13/84 Page 20 AGENDA ACTION TAKEN ADJOURNMENT: The meeting was adjourned at 12:13 a.m. RESPECTFULLY SUBMITTED, APPROVED: ra A. Battaya, City of South San Francisco City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 6/13/84 Page 21